Iuze Mukube
A 55-year-old Chinese national and a 36-year-old Namibian man, who tried to bribe a Namibian Revenue Agency (NamRA) employee in 2022, were each fined N$15 000 in the Windhoek Regional Court on Tuesday.
Guo Yunhai, owner of ABC Investment cc, and his manager, Rodney Sinvula Siyenga, each face two counts of corruptly giving gratifications and bribery of a public officer (to perform or abstain from performing an official act).
They pleaded guilty to the two counts at the beginning of their trial and were later convicted on the charges.
The matter concerns the fact that they wrongfully, unlawfully, directly, and corruptly offered a certain Costa Shihama of NamRA personal gain or gratification of N$100 000.
This inducement was to make the files of ABC Investment CC disappear and to stop investigations into alleged reports of tax evasion submitted to NamRA.
Magistrate Leopold Hangalo, who handed down the sentence, ordered a fine of N$15 000 each for the two counts or three years’ imprisonment in the default of said fine. In totality, the duo must pay N$30 000 each, or they will have to serve three years in custody.
Hangalo expressed that acts of corruption devour the nation’s moral code and negatively affect development and the promotion of human rights.
He added that the act itself is problematic because it erodes the trust people have in the public sector to act in their best interest. Additionally, taxes and rates meant for critical social projects will result in poor quality services, infrastructure, or projects never getting off the ground.
He found that, in this instance, if the two succeeded in corruptly paying the Namra employee, the documents related to ABC would have been lost, allowing them to avoid paying their mandatory taxes as required by law.
Thus, he expressed that the seriousness of the offence of corruption cannot be over-emphasised because it is an offence against the rule of law and threatens constitutional borders.
Therefore, he stated that the courts must send a clear message: corruption will not be tolerated, and punishment will be appropriately severe.
In his delivery, the magistrate also took into consideration the personal circumstances of the two and their mitigating factors.
Yunhai is a first-time offender, has two children, fully supports them, is the breadwinner of his family, and owns a successful business, ABC Investment CC, which employs 25 Namibians, and is a significant contributor to the economy.
He has been living in Namibia for 23 years, and during this period, he has been a law-abiding citizen, thus a first-time offender at his age.
On the other hand, Siyenga has three children, is the sole breadwinner of his family, is married, supports his retired parents, is a first-time offender, and is at a good age for rehabilitation.
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